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Offences by officers in winding up: misconduct in disclosure, records or property leads to imprisonment and fines. Offences by officers in liquidation target failure to disclose and deliver company property, books and papers to the Company Liquidator, and wrongful acts such as concealment, fraudulent removal, falsification or destruction of records, false entries, procuring credit by false representation or pretence, and pawning or disposing of company property obtained on credit outside the ordinary course of business. The provision covers conduct within the year before winding up and thereafter, imposes penalties on recipients of improperly pawned property, and preserves a defence of lack of intent to defraud or conceal.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Offences by officers in winding up: misconduct in disclosure, records or property leads to imprisonment and fines.
Offences by officers in liquidation target failure to disclose and deliver company property, books and papers to the Company Liquidator, and wrongful acts such as concealment, fraudulent removal, falsification or destruction of records, false entries, procuring credit by false representation or pretence, and pawning or disposing of company property obtained on credit outside the ordinary course of business. The provision covers conduct within the year before winding up and thereafter, imposes penalties on recipients of improperly pawned property, and preserves a defence of lack of intent to defraud or conceal.
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